386 NEWSLETTER 2021 comply with transparency obligation immediately. For this reason, the EDPB found it proportionate to reduce six months to three.13 Moreover, concerning the simultaneous breaches of Articles 12, 13, and 14 of the GDPR, the IE SA in its Draft Decision considered that “the amount of any consequent fine cannot exceed the amount specified for the gravest infringement” with a reference to Article 83/3 of the GDPR. Accordingly, the IE SA found the infringement of Article 14 regarding non-users was the gravest and propose to impose a fine only in this regard with a reference to the Article 83/3 of the GDPR.14 First, the EDPB elaborated more on how to interpret the Article 83/3 of the GDPR and stated that the object of Article 83 is to ensure an effective, proportionate and dissuasive fine even to the largest undertakings,15 and a fine should also address the circumstances of the relevant case.16 The EDPB added that if only single infringement will be taken into consideration, it would not matter if a data controller committed single or multiple violations.17 For the first time, the EDPB clarified the wording “the total amount of the administrative fine shall not exceed the amount specified for the gravest infringement” under Article 83/3 of the GDPR. The EDPB stated that while an undertaking may be found guilty for breaching multiple provisions, all infringements should be considered when deciding the amount of the fine to be imposed. Therefore, while the gravest infringement constitutes a legal maximum for the fine pertaining to multiple infringements for the same or linked processing operations, other infringements cannot be ignored.18 For this reason, the EDPB found that all infringements should be regarded when calculating the amount of the fine in the concrete case.19 For the calculation of the fine, the EDPB noted that the IE SA considered the “nature, gravity and duration of the infringement” and “the potential number of data subjects affected.” The EDPB also noted 13 EDPB Decision, para. 263. 14 EDPB Decision, para. 299. 15 EDPB Decision, para. 321. 16 EDPB Decision, para. 414. 17 EDPB Decision, para. 323. 18 EDPB Decision, para. 326. 19 EDPB Decision, para. 325.
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